Sanjay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11908 of 2021 ====================================================== Sanjay Kumar Gupta, aged about 32 years, Gender-Male, Son of Firan Sah, resident of Village-Jamsham, P.S. Pandaul, District Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Food and Civil Supplies, Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The District Supply Officer, Madhubani.

5.

The Sub Divisional Officer Sadar, Madhubani.

6.

The Block Supply Officer, Pandaul, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N K Agrawal, Senior Advocate Mr. Abhinay Raj, Advocate For the Respondent/s :

Mr. Alok Ranjan, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 21-02-2022 Heard learned counsel for the parties.

Admittedly, no action has been taken under Clause 28 of the Act. In the absence of FIR, suspension order would be unsustainable. Learned counsel are ad idem on this. Under the circumstances, we quash the impugned order dated 04.05.2021 and remit the matter to the same

Patna High Court CWJC No.11908 of 2021(2) dt.21-02-2022 2/2 authority for decision afresh.

The writ petition stands allowed.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar U